Credibility Evidence

Generally, specific evidence supporting the credibility of the complaining witness is not admissible except to rebut other specific testimony.

Generally, the following credibility evidence is admissible in trial:

State

1) Symptoms that are exhibited by child abuse victims and whether or not the child in question exhibits those symptoms

2) Physical evidence and whether such evidence is consistent or inconsistent with the child’s allegations

3) Testimony in general about the ability of a class of persons recognized by society as being impaired, such as young children or the mentally retarded, to distinguish reality from fantasy and to perceive, remember, and relate the kinds of events at issue in the case.

Defense

4) Testimony that the child has a general character for making untruthful or dishonest statements

5) Testimony that the child has a general character for fantasizing or is the kind of person that is susceptible to manipulation; testimony that the child has difficulty distinguishing between fantasy and reality

6) Testimony that a child suffers from a mental handicap, mental disorder, the influence of a chemical substance, or some other physical or mental impairment coupled with testimony about adverse effects that such impairments may have on perception and/or memory

7) Testimony that 3rd parties committed acts designed to manipulate the child into making certain allegations.

For a free initial consultation with a Houston sex crime defense attorney, call the Law Office of David A. Breston at 888-220-4040 or contact us online.

What To Do If You Have Been Accused

As previously mentioned, your very first step before even talking to anyone else or giving any sort of official statement is to hire an attorney. False accusations most commonly occur in bitter divorce cases, against teachers or coaches, and other family members. If this happens to you, gather any evidence you may have which could help prove your innocence. This could include anything, such as letters, emails, phone and GPS records, which may show that you were not with the child at the alleged time of the incident, plus any witnesses that may have been present. You and your lawyer can piece together a solid defense which shows that you were not the person who did this, or that the child was not molested at all.

If you have been falsely accused of sexually abusing or assaulting a child, you do not have to fight it alone. The Law Office of David A. Breston has a lot of experience handling these types of cases, and will come to your defense to ensure that you receive a fair trial. Call (713)224-4040 today for your free consultation.

 

 

 

 

I hired David to represent me in a aggravated assault with a deadly weapon case and to make a long story short he and his staff assisted in getting everything dismissed. I am thankful I made the right choice by choosing him.
-Past Client